Real Estate Month in Algeria Land Registry
Real Estate Month:
It is the sum of the rules on which to inform others of all conduct that falls on real estate. The goal of the real estate month is to ensure real estate transactions that usually distinguish between the real estate month and the land registry, but the two systems have the same goal. In the Real Estate Month System in France, which was inherited by Algeria at the time of independence until the issuance of Ordinance No. 75-74 of 12/11/1975 on the preparation of the General Land Survey and the establishment of the Land Registry, the principle of consent governs the validity of contracts. The importance of the real estate month in this system is limited to the possibility of invoking these famous contracts against others. In this case, it is about the personal month.
Either in the Land Registry system introduced by the Algerian legislator, the numbering in the Land Registry is the creation of the right and as long as the contract is not numbered, it has no effect either against others or even between the parties. The real estate month is an essential element of the validity of the contract. Unlike some countries that have introduced a similar system, the real estate registry in Algeria is maintained not by a judge, but by an administrative interest of the Ministry of Finance, the real estate governorate.
Delays in land surveys have created a situation that has made the real estate month system mixed in areas that have not yet been surveyed, the old system of the personal month system still governs real estate transactions.
1. Land Registry System:
Ordinance No. 75-74 of 12/11/1975 establishes the Land Registry. Before this date, the Algiers Project opted to join the Land Registry. Ordinance No. 71-73 of 08/11/1971, containing the agricultural revolution, stipulates in article 25 that: "Upon completion of the legitimate operations by drawing up the agricultural revolution in a municipality, the cadastral documents of this municipality shall be drawn up based on the collection of real estate cards and the country's general cadastral registry shall be established by the conditions and methods to be determined thereafter." For its part, Decree No. 73-32 of 05/01/1973 on proof of title stipulates in article 32 that: "Title certificates shall be replaced by real estate books once the general survey of the territory of the country has been established."
The objective of the Land Registry is to prepare the legal status of real estate and shows the circulation of in-kind rights. It is held in each municipality in the form of a real estate card collection. As it relates to the creation of a new system to succeed the old system, the Land Registry is first prepared by establishing a land survey on the territory of a municipality. The survey process must be preceded by the establishment of the Land Registry.
The group of real estate cards constituting the Land Registry is established by special procedures established by the aforementioned Ordinance No. 75-74. The implementing provisions of Decree No. 76-62 of 25/03/1976 on the preparation of the General Land Survey amended and supplemented by Decrees No. 84-400 of 24/12/1984, No. 92-134 of 07/04/1992 and such Decree No. 763 of 25/03/1976 on the establishment of the amended Land Registry, supplemented by Decrees No. 80-210 of 13/09/1980 and No. and the digitization of the surveyed properties and the creation of real estate cards and finally the preparation of the real estate book that will be delivered to the owner.
1-1 procedures for initial formalities for the disclosure of property rights and other rights in kind in the Land Registry
As long as the Algerian legislature chose a new system, namely the in-kind month system, and the Land Registry, it necessarily had to determine the procedures for numbering in-kind rights in the Land Registry. The first procedure is to deposit cadastral documents with the real estate governorate. This deposit is confirmed by a delivery transcript written by the real estate governor. Cadastral documents for each municipality, as well as a table of sections and a record of plots showing properties in topographic order, include a land survey book in which the accumulated properties are registered by each owner or user in alphabetical order of the others and land survey schemes (Article 8 of Order No. 75-74).
After depositing the cadastral documents with the real estate governorate, and establishing the real estate card group, each owner must deposit with the real estate governorate a schedule edited by a notary, administrative contract clerk, or control clerk. This table describes real estate based on the land survey scheme, the identity, and eligibility of rights holders and the burden of these properties. This table is attached to all bonds and property contracts (article 10 of Decree No. 76-63). After completion of these formalities and in the absence of any objection or dispute, the data in the table is the basis of the real estate numbering and thereafter delivers the owner's real estate book.
On the occasion of the first proceeding, the landlord shall be handed a real estate book copying the data in the group of real estate cards. This book shall constitute a title deed (articles 18 and 19 of Ordinance No. 75-74). The real estate book must be attached to any application aimed at a publicity process unless it relates to the disclosure of a judgment, registration of a concession, or a mortgage. If the Land Registry and the real estate book must be identical. Under article 72 of Decree No. 76-63: "No amendment to the legal status of a property may be the subject of a land survey transfer if the contract or judicial decision confirming this amendment has not been made in advance in the collection of real estate cards."
The procedure for depositing the schedule for obtaining the real estate book, which was provided for in article 10 of Decree No. 76-63, was abolished under article 66 of the Finance Act of 2015. At present, obtaining the real estate book requires only the submission of the property contract or any attested title to the possession and such an extract of the 12CC section.
2-1 Real Estate Book
The real estate book is the last procedure in the procedure for establishing the land registry and is handed over to the owner whose right exists on the occasion of the creation of a matching real estate card. (For example, the sale of a property) by a landlord with a real estate book that does not require the creation of a new real estate card, the transfer of this right only requires the control of the seller's real estate book (article 46 of Decree No. 76-63).
The real estate book shall conform to the model set out in the decision of 27/05/1976 of the Minister of Finance. It promises and indicates how clear and read with indelible black ink, and whiteness is written off with a line, and the tables are numbered and signed. The parties' family names are written in large letters and personal names in small letters. It prevents cramping and abrasion, errors and omissions corrected by referrals. Written-off words and numbers, as well as referrals, are numbered and recorded after the sign they concern and approved by the real estate portfolio. It is marked with ink after each procedure. The real estate governor also clarifies the date of delivery and the text according to which this delivery was made and thus testifies to the validity of each signal or sign by signing it and placing the governorate ring.
The property included in the real estate book may be owned in Al Sha 'ah by several people. In this case, the real estate book is deposited with the real estate governorate unless the communist partners agree to appoint an agent among them to possess this book, and in this case, the corresponding real estate card refers to the person who received the real estate book. The real estate book may be damaged or lost, in which case the owner may submit to the real estate governor a reasoned application for another real estate book (article 52 of Decree 76-63).
No action is taken when the documents deposited in the real estate governorate are not accompanied by the real estate book. However, the real estate portfolio conducts the publicity process without requesting the real estate book if one of the contracts deposited during the establishment of the Land Registry, an edited contract or a judicial decision issued without the owner's assistance or against him, or also a concession registration, legal or judicial mortgage.
In areas affected by land surveys, only the land book constitutes the title deed, and this rule has several implications. First, in the absence of the real estate book, there can be no transfer of ownership (sale, endowment...). Judicial proceedings aimed at the termination, annulment, annulment, or cessation of rights arising from monthly documents are inadmissible only if the petition for the opening of the case is made public in the real estate governorate (article 85 of Decree No. 76-63). The procedure for publicity of the petition establishes the opening of the case by submitting a copy of the petition to the court before it. If the case relates to the division of a common property registered in the Land Registry, the case shall not be admitted to the court unless the real estate book is submitted. Any action aimed at nullifying or modifying a real estate book must be brought before the Administrative Tribunal and not before the Tribunal's real estate section.
3-1 Temporary Real Estate Numbering Certificate
In the case of objections made during land surveys or in front of the real estate portfolio after the deposit of the cadastral documents, the numbering of the property or the right in kind shall be temporary. In this case, the real estate portfolio will not hand the owner a real estate book, but only a document called a "Temporary Real Estate Numbering Certificate." This certificate, as per article 352-2 of Ordinance No. 76-105 of 09/12/1976 amending and supplementing the Registration Act, has the same legal effects as those provided for in articles 42 to 46 of Act No. 90-25 of 18/11/1990 containing the Land Directive. Accordingly, the holder of the Temporary Real Estate Numbering Certificate may dispose of the real property. However, the real owner may not transfer this property free of charge or in exchange for money. This distinguishes the Temporary Real Estate Numbering Certificate from the real estate book, which allows the holder to dispose of the property or the right in kind.
Numbering disputes
We will next address disputes related to the procedures for preparing the land survey, interim numbering disputes, final numbering disputes, and the last disputes for annulment or alteration of the real estate book.
Land Survey Preparation Disputes 1-2
Although the law on the preparation of the land survey and the establishment of the land registry was promulgated in 1975, the survey process took a significant delay as only a small part of the national territory was only 30c/o surveyed. Surveys if they continue, will result in the continuation of disputes related to such processes.
The design of the land survey shall be the subject of preparation in each municipality for the following:
a. A table of sections and a record of plots where the various properties are arranged in topographic order;
B. Land survey record in which property accumulated by owners or exploiters is recorded in alphabetical order of these
c. Cadastral schemes conforming to the current status of the plot.
It is the wali that determines in a resolution and each municipality the opening date of land surveys. Once operations are opened, each municipality's land survey committee is established. The Commission is chaired by a judge appointed by the President of the Judicial Council. It is up to this committee to follow up and monitor surveys. Upon completion of the technical operations, the land survey scheme and the attached documents are deposited at the municipal headquarters, at which time each person can consult them and, if necessary, file a complaint within one month of the date of the deposit.
Complaints or objections made at this stage by owners or others shall be submitted to the above-mentioned Land Survey Committee, which shall examine them and give its opinion. The role of this Commission is to try to reconcile between those concerned and, in the absence of reconciliation, it determines the temporary limits of real estate as it must be in the scheme, taking into account tenure and giving owners 3 months to agree on their borders or to bring proceedings before the competent judicial authorities (article 14 of Decree No. 76- 62).
Access to justice at the stage of preparing the land survey occurs if the owners do not agree on their property limits and the Land Survey Commission fails to reconcile them. It is then up to the owner with the interest of any owner who considers himself to be affected by the delimitation process to sue for the assertion of ownership over the part of the disputed property. Failure to respect the three-month time limit set out in article 14 of Decree No. 76-62 for filing a case is not a projected time limit, but its only effect is to make the boundary final and these limits will be taken into account by the real estate governor during the numbering of the property. In any event, the owner who considers himself affected can dispute the boundaries established during the survey process and if the period of 3 months has expired, but in this case, the action will relate to the ownership of the disputed in kind right and go against the numbering in the land registry registered by the real estate governor. This will then involve a real estate numbering dispute that is subject to special provisions and distinct procedures.
Difference between filing a lawsuit before the judicial authority during the deposit of the land survey scheme at the municipality headquarters and filing it during the real estate numbering procedure performed by the real estate governor In the latter case, in particular the claim for annulment or modification of final numbering, the case falls within the jurisdiction of the Administrative Tribunal, i.e. before the Administrative Tribunal, which is known as its heavy procedure and its strong reservation in revoking or amending the landlord's decision, which in any event was taken only after an in-depth real estate investigation and thorough examination of the documents submitted. On the other hand, the fact that this is more about a real estate dispute and not about an administrative dispute is often that the litigant may resort to reconciliatory means to stop the adjudication of the case before the Administrative Court by invoking a preliminary issue of actual property ownership.
In any event, if the objecting owner decides to file his case during the filing of the land survey scheme, such action shall be brought before the Real Estate Division of the court within its jurisdiction of the disputed property. It's about a real estate lawsuit. The parties to the proceedings are, on the one hand, the aggrieved owner as a plaintiff and, on the other hand, the owner of the property in question as a defendant. The fact that this is a property that has not yet been numbered in the Land Registry is not possible to publish the petition opening the case. The parties must submit their contracts, and if a property has acquired a statute of limitations, proof of possession must be provided for 15 years. The judge will rule on these documents and evidence. Given the nature of the dispute, the judge will appoint an expert or order a witness hearing to determine the owner or part of the disputed property, and based on the results of the expertise or investigation, the judge will render his judgment.
The plaintiff's claim may be dismissed because he has failed to demonstrate ownership of the disputed right in kind and may accept the judgment of his opponent. It is for both parties, depending on the cases, to claim the rights established in the judgment rendered. According to the operative part of the judgment, provisional limits may become final or may be amended. It is up to the convicted party to hand over the judgment to the real estate governor for execution. The landlord's judgment must be final, i.e. non-appealable and executed. The fact that the matter relates to a dispute relating to the procedure for preparing the real estate book may require the real estate portfolio to have any judgment rendered inadmissible for any appeal from normal or unusual.
Interim Numbering Disputes 2-2
Temporary numbering 1-2-2 for 5 years
When the land survey documents are deposited with the real estate governorate and this deposit is confirmed by an extradition record written by the real estate governor, it begins to inform the public about this record by publishing it in the national daily newspapers and pasting ads at the headquarters of the real estate governorate, the municipal people's council and the residential places where the property is located. The purpose of this broad publicity is to allow owners to extract documentation proven for their ownership of surveyed properties from the real estate governorate. The period to be respected between the date of deposit of the land survey documents and the date of delivery of the affirmed property contracts is 4 months (Article 9 of Decree 76-63). After the expiration of 4 months and the extraction of the property contract (real estate book or temporary real estate numbering certificate as the case may be), the owner must deposit a file containing a table extracted from the real estate governorate containing some information and data and the description of the property attached when the property contracts are needed.
If the owners refrain from submitting the schedule within 4 months and the real estate governor is in a position to express his opinion appropriately in determining the property rights of these persons due to the lack of or insufficient proof of bonds, he shall proceed to temporarily register the properties in question in the land registry based on the elements available in the land survey documents. The provisional nature of this registration or numbering shall remain for 5 years from the date of the receipt of the land survey documents to the real estate governor. When the 5-year deadline expires, the numbering in the Land Registry becomes final. However, if there are new legal facts reported by the real estate governor that would have confirmed the rights to be made monthly in the Land Registry, the latter can modify or invalidate the temporary numbering and register a new tally identical to these new legal facts (article 18 of Decree No. 76-63).
During this period during which the real estate numbering remains provisional, any person concerned may sue the competent judicial authority for annulment or modification of such numbering if that person is founded in the claim to the property or the right in kind relating to such numbering. However, before recourse to the courts, the law approved some preliminary proceedings preceding the judicial dispute. First, the party protesting against the provisional numbering in the Land Registry must inform his or her deduction and the real estate governor of this protest by a letter recommended and the real estate governor shall then have the authority to reconcile the parties and to write a report on this reconciliation. If the parties reach an agreement, the real estate governor shall produce a magistrate's record with binding force (article 15-2 of Decree No. 76-63). In the reverse case, the real estate governor shall issue a non-conciliation report to the parties. The protesting party shall then have a period of 6 months from the date of notification of the record to file its case with the judicial authority, subject to the inadmissibility of the case (article 15-4 of Decree No. 76-63).
In the case of temporary numbering in the Land Registry between persons subject to private law, the competent judicial authority for the determination of this dispute is the Real Estate Division of the Court, by the provisions of article 516 of the Code of Civil and Administrative Procedure. The judiciary of the Supreme Court and the Conseil d'Etat is stable about the jurisdiction of the Real Estate Section when it comes to a dispute over temporary numbering in the Land Registry (Supreme Court, 25/02/2004, File No. 246259, Supreme Court Journal, 2007, No. 1, p. 383 ؛ Supreme Court, 12/04/2012, Supreme Court Journal, 2012, No. 2, p. 390 ؛ Council of State, 29/10/2009, Decision No. 49444, State Council Magazine, 2012, p. 146 ). On the contrary, if one of the parties to the dispute is a legal person of public law (State, State, Municipality, Public Institution of an Administrative Nature), the Administrative Court is competent (Court of Dispute, 16/05/2011, Decision No. 102, Conseil d'Etat, 2012, p. 79). 177)
The judge in the opposition shall rule on provisional numbering given the lawfulness and validity of the documents and bonds invoked by the opposing parties and, where necessary, shall apply the provisions of article 818 of the Civil Code, which provides that: "Possession of the right of preference is possession on a legal basis". If none of the holders has a bond or their bonds are equivalent, possession of the right is the first in history (Supreme Court decision of 25/02/2004 above).
Temporary numbering 2-2-2 for two years
The numbering of a property or an in-kind right shall remain provisional and the final numbering character shall not be held until two years after the completion of such numbering, for properties whose apparent owners have insufficient bonds of proof, and when the real estate governor cannot express his opinion on the determination of property rights (article 14 of Decree No. 76-63). This provisional numbering may be revoked or modified by the real estate governor if the latter has been informed of legal facts that would certainly allow him to establish the in-kind rights required for a month in the Land Registry.
Proceedings before the judiciary in case of objection to provisional numbering for two years are the same as the aforementioned procedures applicable to objection to provisional numbering for 5 years.
Temporary numbering 3-2-2 for 4 months
The duration for which the numbering remains provisionally is only 4 months for properties whose owners have no legal title and who practice according to the information generated by the land survey documents possession that allows them to acquire ownership by prescription for a gain. This provisional numbering becomes final upon expiration of a period of 4 months but provided that there is no objection relating to the right of ownership or if objections that have occurred are withdrawn or rejected (article 13 of Decree No. 76-63).
Objections to temporary numbering for 4 months are subject to the same procedures as above.
3-2 real estate book disputes or final numbering
With the expiry of the various deadlines for temporary numbering in the Land Registry, the numbering becomes final and the owner's real estate book is then handed over. According to article 19 of Ordinance No. 75-74 and article 19 of Decree No. 73-32 of the 05/01/1973 on the Establishment of Private Property Rights, the real estate book constitutes title to property (Supreme Court, 02/06/2000, File No. 190920, Judicial Journal, 2001, No. 1, p. 1). 249 ؛ Supreme Court, 21/04/2004, File No. 259635, Supreme Court Journal, 2010, No. 3, p. 257 ).
As the title, the real estate book may be challenged for the purpose of nullifying or modifying it. As a whole, an appeal against the real estate book must be filed before the expiration of its lapse, which is 15 years from the date of preparation of the book. The real estate book is a copy of the data in the group of real estate cards and can be sued without discrimination either against the real estate book itself or against the final numbering procedure. The Court of Dispute ruled that the claim for invalidation of the real estate book was regarded as a claim for annulment of the final numbering in the Land Registry (15/10/2012, Decision No. 133, Supreme Court Journal, 2013, No. 2, p. 2). 463) .
If the jurisdiction competent in cases of objections to provisional numbering between persons subject to private law is the real estate section of the court, the Administrative Court shall be competent in respect of objections to final numbering or in cases aimed at nullifying or modifying the real estate book. The judiciary of both the Supreme Court and the Conseil d'Etat is stable in this area. The Administrative Tribunal shall adjudicate the claim for annulment or modification of the final numbering or real estate book given the validity and effectiveness of the bonds and the arguments advanced by the litigants. A judgment rendered in the event of a request for annulment or amendment may order the real estate governor to carry out the sentenced procedure.
